Legal Opinion

Zininam v. State

Supreme Court of Alabama

Decided April 16, 1914PublishedCited by 33 opinions

Appeal from Shelby County Court. Heard before Hon. E. S. Lyman. George Ziniman was convicted of murder and he appeals. The provisions of the jury law are mandatory, and the court may not strike from the venire the name of a juror on account of a clerical error in his name, against the objection of defendant. — Edgar v. State, 62 South. 800; Acts 1909, p. 305. The court should have permitted it to be shown that sometime before the difficulty deceased had taken defendant’s…

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Appeal from Shelby County Court. Heard before Hon. E. S. Lyman. George Ziniman was convicted of murder and he appeals. The provisions of the jury law are mandatory, and the court may not strike from the venire the name of a juror on account of a clerical error in his name, against the objection of defendant. — Edgar v. State, 62 South. 800; Acts 1909, p. 305. The court should have permitted it to be shown that sometime before the difficulty deceased had taken defendant’s wife away from him, and had threatened his life. There was no error in the court’s ruling on the various motions touching…

1Opinion of the Court

SAYRE, J. —

-Several indictments charging capital felonies against various persons, including that against defendant in this case, were set for trial during the same week, and the same venire ordered for all of them. On the venire so ordered, and served upon defendant as the statute requires, was this name, “Bud M. Brshur,” whose occupation was stated to be that of a farmer, and whose residence was stated as being at Dunnavant, B. 18. When this defendant’s case came on for trial it was made to appear that in organizing the jury for a *11case that bad been previously tried during tbe week one Bud…

2Cases cited3 opinions

  1. Noel v. StateSupreme Court of Alabama · 1909
  2. Darby v. StateSupreme Court of Alabama · 1890
  3. Edgar v. StateSupreme Court of Alabama · 1913

3Cited by33 opinions

  1. Phillips v. StateSupreme Court of Alabama · 1946
  2. Doss v. StateSupreme Court of Alabama · 1929
  3. Brewer v. StateCourt of Criminal Appeals of Alabama · 1983
  4. Leith v. StateSupreme Court of Alabama · 1921
  5. Thigpen v. StateCourt of Criminal Appeals of Alabama · 1972

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